부동산강제집행효용침해
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
, however, for two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Regarding misunderstanding of facts-finding 2015No538 case (the second instance judgment), the defendant is "No. 3 Dong-gu, Bupyeong-gu, Incheon, No. 101 et al. (hereinafter "101 et al.")
The court below found the defendant guilty on the premise that there was no fact that G had attached a notice of compulsory execution under 101 on August 9, 2012, since the owner V was permitted to use 101 subparagraph 101 as the C Committee office and the defendant was appointed as the C Committee Chairperson on September 9, 2012, and there was no fact that G had attached a notice of compulsory execution under 101 on September 10, 2012. However, the court below erred in the misapprehension of the facts on the premise that there was such fact.
2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the court below is ex officio, and there are reasons for ex officio reversal as follows, so the judgment of the court below cannot be maintained as it is.
First of all, according to the evidence duly adopted and examined by the second court, the defendant was sentenced to a one-year suspended sentence to imprisonment with prison labor for a crime of taking property in breach of trust at the Incheon District Court on November 8, 2012 and the judgment became final and conclusive on January 15, 2014. Each of the crimes of taking property in breach of trust and the concurrent crimes in the latter part of Article 37 of the Criminal Act, for which judgment has become final and conclusive, shall be determined after considering equity and the mitigation or exemption of punishment is considered pursuant to Article 39(1) of the Criminal Act. Since the facts of the first instance judgment were omitted in the facts of the crime of the first instance judgment, and the application of statutes omitted, the first instance judgment can no longer be maintained.
In addition, the defendant appealed against the judgment of the court below, and this court decided to consolidate each of the above appeals cases, and the defendant.